Opinion

State ex rel. Missouri Highway & Transportation Commission v. Anderson

  • 759 S.W.2d 102
  • 1988 Mo. App. LEXIS 1463
  • 1988 WL 114571
Court
Missouri Court of Appeals
Filed
Oct 26, 1988
Status
Published
Author
Flanigan
On the bench
Files, Flanigan, Hogan, Maus, Prewitt
Cited by
4 cases
Authority
More cited than 21.0%

The opinion

FLANIGAN, Judge,

dissenting.

I respectfully dissent. In Mo. Highway & Transp. Com’n v. Anderson, 735 S.W.2d 350, 356 (Mo. banc 1987), the court said: “No portion of Rule 56.01 permits the landowners to discover the notes, memoranda, summaries or written documents used in making the appraisals for the [highway commission].” (Emphasis added.)

Rule 56.01(b)(4), dealing with discovery of facts known and opinions held by experts, including discovery by deposition, is of course a “portion” of Rule 56.01. I construe the quoted language from Anderson to preclude the discovery of *108 'Roberts written report at the taking of the deposition of appraiser Tom Rule by the condemnee. Of course this court is bound by Anderson. The trial court should be prohibited from enforcing any portion of its order inconsistent with the quoted Ian-guage.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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